K2 Visa - Fiancees Daughter

[kennym 275]

All,

We learned today that the father of my Fiancee's daughter (Valentina) does not want her to Live in the USA, but will allow visits.. This may change down the road.. This does not change my Fiancee's plans, but want to know if the K2 Visa will still work for her daughter. If not, what kind of visa will we need to do for her daughter..

Basically, if the Embassy gives Valentina a K-2 Visa, can she hold on to that visa and use that visa to come in as her mom and I do the AOS? Later, when her daughter is older, the father will likely let her come live in the US, currently she's 7 years old...

Our interview in Bogota is Oct 7, 2010.. Currently, we have completed the DS230 forms as "Will Follow", so not sure if this will work or not.. I could use any comments you guys or gals have on this item...

Kenny

[JimVaPhuong 4,863]

All,

We learned today that the father of my Fiancee's daughter (Valentina) does not want her to Live in the USA, but will allow visits.. This may change down the road.. This does not change my Fiancee's plans, but want to know if the K2 Visa will still work for her daughter. If not, what kind of visa will we need to do for her daughter..

Basically, if the Embassy gives Valentina a K-2 Visa, can she hold on to that visa and use that visa to come in as her mom and I do the AOS? Later, when her daughter is older, the father will likely let her come live in the US, currently she's 7 years old...

Our interview in Bogota is Oct 7, 2010.. Currently, we have completed the DS230 forms as "Will Follow", so not sure if this will work or not.. I could use any comments you guys or gals have on this item...

Kenny

She can apply for a K2 up to one year after the K1 is issued. After that, you'd have to file an immediate relative visa - CR2 or IR2, depending on how long you've been marred at that point.

Like the K1, the K2 is a single entry visa. It's not for visiting the US. Most consulates won't issue a K2 without specific consent from the parent who isn't immigrating, allowing the child to move permanently to the US. The CR2 and IR2 are both immigrant visas, and the same consent is usually required.

If the father will only allow the child to visit then you'd need to get a B2 visa.

[kennym 275]

She can apply for a K2 up to one year after the K1 is issued. After that, you'd have to file an immediate relative visa - CR2 or IR2, depending on how long you've been marred at that point.

Like the K1, the K2 is a single entry visa. It's not for visiting the US. Most consulates won't issue a K2 without specific consent from the parent who isn't immigrating, allowing the child to move permanently to the US. The CR2 and IR2 are both immigrant visas, and the same consent is usually required.

If the father will only allow the child to visit then you'd need to get a B2 visa.

JimVaPhuong

Thanks for that, It really is nice to have you're input on these items.. it seems you have some good knowledge regarding this stuff..

Soo, in the mean time, if Valentina's only allowed to come and visit for short periods, what is the best approach for her? How dificult would it be to get a b2 visa for her for the meanwhile? Do we need to show significant ties for her back to Colombia? Would the fact that her Mom living in the US make USCIS suspicious thaqt she intends to immigrate illegally?

I can't immagine how a young child can show significant ties... can you clear up this confusion for me?

Later, after daddy is ok to let come live with us, we can do the IR2 / CR2...

Kenny